Terms Of Use

General Terms And Conditions:

Using eClinicalCare’s services indicates your acknowledgment and agreement to our
terms, conditions, and privacy policy. These terms form a binding agreement, effective until
service cessation or termination. eClinicalCare can modify terms and policies; your duty is to
inspect for changes and continued usage signifies acceptance. eClinicalCare grants you a
revocable, limited right for personal, non-commercial service use.

Content and Intellectual Property Information:

Third-party trademarks appearing in the Services are the property of their respective owners. The
proprietary contents, known as the “Content,” encompass various elements like design, graphics,
and eClinicalCare Marks. The Content is owned or licensed by eClinicalCare, under protection by
intellectual property rights and unfair competition laws. eClinicalCare reserves all privileges to
this Content and the Services. Without express written consent, no part of these Services and
Content may be reproduced or exploited in any manner.

Access and Use of the Services

eClinicalCare maintains its services 24/7, disclaiming any liability for performance failures
beyond its control or digital transmission risks. There are inherent security risks with accessing
services via Internet/mobile devices. Users bear responsibility for any associated adversities or
law infringements. Personal/corporate information given to access services must be accurate;
falsifications can lead to service termination.

Account Management:

eClinicalCare takes steps to prevent unauthorized access to your account, but the responsibility
falls on you when sharing credentials. If a perceived threat to account security arises, inform us
immediately in writing. One account per user is the rule, and we prohibit disguises and “spoofed”
access. Keep your credentials safe and confidential, and report any breaches.

Medical Disclaimers:

Using eClinicalCare’s Services won’t create a healthcare provider/patient relationship. Content
and information provided through these Services are designed for educational purposes, not a
substitute for professional medical advice. eClinicalCare doesn’t guarantee real-time
communication between patients and Providers. The Services are not to be used in emergencies.
The company disclaims liability for the accuracy of information shared through the Services.
Users are responsible for verifying this information. eClinicalCare doesn’t control the availability of its
providers and won’t be liable for unfulfilled appointments. Prior to selecting a healthcare
professional, users should do an independent investigation of the provider’s credentials. Products
and services offered through the Services don’t necessarily guarantee appropriateness or
effectiveness. eClinicalCare disclaims any liability in connection with the user’s use of these
procedures, products, services, or devices. professional, users should do an independent
investigation of the provider’s credentials. Products and services offered through the Services
don’t necessarily guarantee appropriateness or effectiveness. eClinicalCare disclaims any liability
in connection with the user’s use of these procedures, products, services, or devices.

Compliance with Laws:

As an Electronic Health Record (EHR) provider in India, adhere to the laws regarding data
transmission is crucial. The main laws include:
● The Information Technology Act, 2000: Encompasses regulations about digital
signatures, data protection, and cybercrimes, particularly regarding sensitive personal
● The Indian Medical Council Regulations, 2002: Mandates maintaining electronic medical
records for 3 years from treatment commencement.
● The Personal Data Protection Bill, 2019 (PDP): Currently pending enactment, this bill will
protect the processing of personal data, considering health data as sensitive.

Protection of patient information is vital, regardless of the transmission mode. Only authorized
individuals should access encrypted transmitted data. Various other regulations may also apply
based on the operation nature. Non-compliance with these may result in severe penalties. Always
consult a legal expert for complete compliance.

Prohibited Conduct:

You may only use the Services in compliance with applicable laws. Do not: (i) infringe on any
rights of eClinicalCare or third parties; (ii) harass, defame, or stalk others; (iii) damage the
Services; (iv) misrepresent your identity; (v) gain unauthorized access to applications; (vi)
transmit spam or trace information without consent; (vii) misuse the Services; (viii) interfere with
others’ use of the Services.

Communication of Other Information To and On the Services:

The Services may allow you to submit content in various forms (a “Posting”). Don’t submit any
Posting that: (i) restricts or inhibits any other user; (ii) is abusive, defamatory, inaccurate,
indecent, or unlawful; (iii) violates any law or infringes rights of others; (iv) contains a harmful
component or commercial information. By submitting a Posting, you grant eClinicalCare a right
and license to use such Posting, waiving any claims based on rights or competitive doctrines.
eClinicalCare can block or remove any Posting that violates these Terms. You assume all liability
associated with the use of any Postings. eClinicalCare disclaims any liability from the use of any
Posting by you or a third party.

Violation of These Terms of Use:

You agree that clinical care may terminate your access to the Services if you violate these
Terms, without prior notice. eClinicalCare may disclose your information as necessary for any
investigation or to address violations to the company’s or another’s rights. Any information
disclosure will comply with applicable laws, including for fraud protection. eClinicalCare may also
preserve and disclose your communication when legally or practically necessary to enforce these
Terms or protect its rights and security. You should expect to pay for any legal action taken due
to your violation of these Terms, and eClinicalCare will not be liable for termination of your
access due to such violation.

Modification or Termination of the Services:

These Terms are in effect as long as you use the Services. You can terminate your use or
account by contacting eClinicalCare may modify or suspend Services
without prior notice. You’ll be notified of changes via email or updates to these Terms. Upon
termination, your rights under these Terms cease and eClinicalCare isn’t obligated to retain your
account information.

Payment, Refunds, Upgrading and Downgrading Terms:

The fees for the monthly subscription service are due, in full, by the 5th of each month and are
non-negotiable and non-refundable. Unless otherwise specified, all charges stand exclusive of
any taxes, levies or duties imposed by competent tax authorities. You hold responsibility for the
settlement of these additional charges.
Please note, if your account is in arrears for more than fifty-five consecutive days, you will receive
a notice with a five-day grace period to rectify the situation. Failure to address the delinquent
status of your account within sixty consecutive days grants us the right to either suspend or
terminate your account. Make sure to remember, fees incurred for implementation activities are
non-refundable. We reserve the right to terminate your account with a thirty (30) days notice or
immediately upon a breach. Any due payments must be fulfilled upon cancellation. You may
request a backup of your User Data or export it using the software. Usage of our services must
cease upon termination. This agreement’s end will uphold any existing or surviving obligations.